Logan County Commissioners approve amended shooting range regulations

Allow use of county roads for Jambalaya's Redneck Poker Run, Oct. 6

STERLING -- The Northeast Colorado Sportsman's Club (NCSC) is another step closer to finding a location for their facility. Tuesday, Logan County Commissioners Dave Donaldson and Jim Edwards approved a resolution to amend the Logan County Zoning Resolution to include shooting range use by special permit agricultural district.

Commissioner Debbie Zwirn was absent from the meeting.

Planning Coordinator Kris Pennington presented the resolution, which the County Planning Commission unanimously approved for recommendation to the commissioners last week.

Before approving the resolution, Donaldson moved to make two changes, which were approved.

Part of the resolution reads that the commissioners "shall consider site specific factors when considering items, including but not limited to, hours of operation, use of lights, landscape screening, safety risk, number of allowed events, including camping, and other aspects of operation." The second part of statement was changed to say that those items may be, instead of shall be, listed as conditions on any approved special use permit.

Additionally, Donaldson suggested changing the fencing requirement to state that "outdoor shooting ranges shall be suitably fenced around the proposed site with safety/warning signs posted very 500 feet or when unfenced, the perimeter of the proposed site shall be conspicuously marked with safety/warning signs every 200 feet.

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Both commissioners voted to approve the amended resolution.

Prior to the commissioners voting, a public hearing was held. One resident, Tim Duncan, who lives near NCSC's last proposed site and was representing several other landowners, voiced concerns.

"As we're doing this and we only have one time to do this, we need to do it right," Duncan said.

He asked about the proof of current liability insurance requirement and to whom the proof would be submitted on an annual basis.

Pennington said the proof of liability would be submitted to the planning and zoning department.

Additionally, Duncan asked that the written lead abatement plan include information about containment of lead on the property.

"We've had testimonies from two different gun clubs, representing over 70 years of operation and neither gun club had ever cleaned their lead," he said, recalling previous Planning Commission meetings. "That's a serious problem as far as I'm concerned."

Edwards pointed out that in regards to the previous club, even though the club did want to go in and reclaim that lead they were denied. He also said the other two clubs Duncan mentioned haven't reclaimed lead because there is no contamination.

Duncan also asked that the definition of a backstop -- a device constructed to stop or re-direct bullets or arrows fired on a range -- include something about containing the bullets.

Pennington said backstops are a normal practice for shooting ranges; bullets are re-directed to a bullet trap.

Duncan discussed the Colorado Revised Statute 25-12-109 that applicants are referred to, regarding noise abatement. He pointed out it says those that moved into the area after 1985 don't have any rights to quiet. They can't sue a shooting range if it's an authorized shooting range.

While Duncan has lived on his property for over 25 years, he said there are a lot of people in Logan County that have lived at their homes for more than 20 years but moved there after 1985.

He also questioned how natural screening sufficient for noise mitigation would be defined.

Duncan pointed out one of the main contentions with past applications has been that the sites are located in areas where people live. For sound mitigation, he said would be helpful to require a minimum distance from the site that homes can be located.

"This is not like hunting, where someone goes down and shoots five times and shoots a duck," Duncan said. "The last application called for shooting 6,200 times a week, in the evenings, two evenings. That's a shot every four seconds. They will be depositing somewhere around 4,000 to 5,000 pounds of lead a year." Donaldson pointed out all of these issues would be considered by both the Planning Commission and the Commissioners in any application that is submitted.

Duncan expressed concern that future Planning Commission boards and County Commissioner boards will see this as a "benchmark that everyone needs to meet and then after one has met this criteria it will be a rubber stamp."

"I think it's safe to say this is the minimum standard, but I would also assure you that at least this board will look at the specific elements and not only the application. It will not be a rubber stamp process," Donaldson said.

"You won't be here in 10 years," Duncan replied.

"That's true, but I think that the resolution talks about specific site factors that shall be considered," Donaldson said.

In other business, the commissioners approved a resolution authorizing the non-exclusive use of certain county road segments for a special off-highway vehicle event, Jambalaya's Redneck Poker Run, during the Merino Fall Festival, Saturday, Oct. 6.

Donna Frankenfeld, owner of Jambalaya's, was at the meeting to speak about the event, a fundraiser on behalf of Buffalo Public Schools Foundation Scholarship Fund benefiting Merino High School students. She said they raised about $2,000 last year.

The event will begin at approximately 3 p.m. and end at 5 or 5:30 p.m.

Donaldson asked if there are any modifications to the route this year; Frankenfeld said there aren't.

She also pointed out they have at least two pilot cars and someone with a trailer and gas in case someone breaks down.

Under the consent agenda, the commissioners acknowledged receipt of the clerk and recorder's report for the month of August.

The next regular meeting of the commissioners will be at 9 a.m. Tuesday, Oct. 2, at the Logan County Courthouse.

RE-1 Valley School District has announced its policy for determining eligibility of children who may receive free and reduced price meals served under the National School Lunch and School Breakfast Program.
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